Wisconsin law blocked by judge

Wisconsin

Jason Smathers and Scott Bauer, Associated Press

Published
4:00 am PDT, Saturday, March 19, 2011

Judge Maryann Sumi issues a temporary restraining order barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees, Friday, March 18, 2011, during a hearing in Dane County Court in Madison, Wisconsin. (Mark Hoffman/Milwaukee Journal Sentinel/MCT) less

Judge Maryann Sumi issues a temporary restraining order barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees, Friday, March 18, 2011, during a ... more

Photo: Mark Hoffman, MCT

Photo: Mark Hoffman, MCT

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Judge Maryann Sumi issues a temporary restraining order barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees, Friday, March 18, 2011, during a hearing in Dane County Court in Madison, Wisconsin. (Mark Hoffman/Milwaukee Journal Sentinel/MCT) less

Judge Maryann Sumi issues a temporary restraining order barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees, Friday, March 18, 2011, during a ... more

Photo: Mark Hoffman, MCT

Wisconsin law blocked by judge

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The monthlong saga over Gov. Scott Walker's plan to drastically curb collective bargaining rights for public workers in Wisconsin took a turn Friday that could force lawmakers to reconvene to pass the measure.

A judge temporarily blocked the law from taking effect, raising the possibility that the Legislature may have to vote again to pass the bill that attracted protests as large as 85,000 people, motivated Senate Democrats to escape to Illinois for three weeks and made Wisconsin the focus of the national fight over union rights.

But Walker's spokesman and Republican legislative leaders indicated they would press on with the court battle rather than consider passing the bill again.

"We fully expect an appeals court will find that the Legislature followed the law perfectly and likely find that today's ruling was a significant overreach," Senate Majority Leader Scott Fitzgerald and his brother, Assembly Speaker Jeff Fitzgerald, said in a joint statement. "We highly doubt a Dane County judge has the authority to tell the Legislature how to carry out its constitutional duty."

Dane County District Judge Maryann Sumi granted the temporary restraining order in response to a lawsuit filed by the Democratic district attorney, alleging that Republican lawmakers violated the state's open meetings law by hastily convening a special committee before the Senate passed the bill.

Sumi said her ruling would not prevent the Legislature from reconvening the committee with proper notice and passing the bill again.

In addition to restricting the bargaining rights, the law would require most public workers in the state to contribute more to their pension and health care costs, changes that will amount on average to an 8 percent pay cut.

The Senate couldn't pass the bill in its original form without at least one Democrat to satisfy a 20-member quorum requirement for measures that spend money. With the Democrats in Illinois and refusing to return after three weeks away, Republicans convened a special committee last Wednesday to remove the spending items. The bill then passed with no Democrats present.

Opponents of the law were hopeful the judge's ruling would lead to concessions.

"I would hope the Republicans would take this as an opportunity to sit down with Democrats and negotiate a proposal we could all get behind," said Democratic Sen. Jon Erpenbach.